Stalking charges and protective orders can catch anyone by surprise. One evening after getting home from work, a court summons in the mailbox or a police officer at the front door could be the beginning of a long, hard battle toward restoring your reputation. In some instances, court documents could show that the allegations filed by the accuser are exaggerated, misinterpretations of the truth, or even completely unsubstantiated. Regardless, those accused face the daunting realization of potential jail time, losing their employment, and the lingering stigma of being labeled a predator.
Pennsylvania courts address stalking charges harshly, but beyond criminal charges, those accused face civil actions like protective orders—namely Protection from Abuse (PFA) orders. With a surplus of consequences that can lead to community isolation and family strife, PFAs stand to become an immense barrier to daily life. Even before they have a chance to defend themselves before a judge, those accused will have their lives upended through how Pennsylvania takes action when allegations arise.
The LLF Law Firm understands how to navigate complex criminal and civil situations like stalking charges and PFAs. Our Criminal Defense Team ensures those accused in Northumberland County exercise every right to challenge their accuser's claims and the court's move to impose punishment.
Defending yourself or relying on the skills of close connections can leave you in a vulnerable position. PFA are valid for up to three years, and without an adequate defense against stalking charges, the following are likely:
- Mandatory child or spousal support payments for the duration of the PFA (up to three years)
- No-contact orders with the petitioner, shared children, and even third parties like family and friends
- Court-ordered exclusion from a residence, regardless of the deed or lease
- Potential adverse action from some employers or licensing agencies
- Heightened scrutiny from local and state law enforcement
It's easy for those accused to become inundated with stress and worry. Even false accusations have the potential for reputation ruination. However, partnering with the LLF Law Firm can turn your worst nightmare into prompt, professional relief. If you or a loved one is implicated in a stalking incident or subject to a PFA in Northumberland County, our firm stands ready to help and defend you. Call us now at 888-535-3686 or fill out our confidential consultation form.
Stalking Laws in Pennsylvania
The Commonwealth defines stalking as when someone engages in a course of conduct or repeatedly commits acts towards another person that demonstrate an intent to cause substantial emotional distress or place the other person in reasonable fear of bodily injury. Prosecutors will attempt to determine the accused's engagement in a course of conduct towards the accuser by establishing whether a pattern of behavior exists in the acts committed, showing a continuity of purpose.
Repeated acts are two or more acts demonstrating a continuity of conduct. Nevertheless, prosecutors must establish that the accused had the intent to engage in those acts to cause bodily injury or emotional distress, defined as a temporary or permanent state of mental anguish. It can include a myriad of behaviors, such as following someone, making repeated unwanted contact, or monitoring their activities.
Each case brought before the Northumberland County court is different, but first-time offenses are normally handled as misdemeanors. However, prosecutors can seek elevated charges—like felonies—under some conditions. For instance, if the accused was previously charged and convicted of stalking, regardless of when it occurred, Northumberland County will treat the second and subsequent offense as a third-degree felony, at minimum.
Moreover, Pennsylvania's criminal justice system will treat stalking—even if it's a first-time offense—if one of the following is carried out in its commission:
- Simple or aggravated assault
- Breaching a protective order
- Reckless endangerment
- Kidnapping
- Rape
- Involuntary deviant sexual intercourse
Although there are overt criminal offenses associated with stalking, it's generally a series of harmful and intentional actions—sometimes done in subtle ways. For instance, making constant phone calls, sending unwanted gifts, or showing up at a residence uninvited or unannounced.
Grading Criminal Stalking Charges
First-time offenders face a maximum sentence of five years in jail and $10,000 in fines for first-degree misdemeanor stalking. Of course, without any additional charges or aggravating circumstances involved. For those with prior stalking convictions or if the acts are carried out on the previous victim or a member of their family or household, stalking is upgraded to a third-degree felony, with punishment increasing to a maximum of seven years incarceration and a $15,000 fine.
Pennsylvania also addresses "seriously disparaging" statements or opinions toward an accuser's child. If the alleged statements are "reasonably likely to cause substantial emotional distress…which produces some physical manifestation," courts reserve the right to charge the accused with a third-degree misdemeanor. Convictions may result in a one-year jail sentence and a $2,500 fine.
In stalking cases, those accused are often linked to forms of communication that can be taken as terroristic threats. Under state law, they must have the intent to terrorize and cause an evacuation of a building, place of assembly, or public facility. Critically, those convicted are forced to pay restitution for the cost of any evacuation, police or emergency response, and transportation of any individual in connection with the evacuation. Yet, that is on top of the fines and jail time associated with a conviction of a third-degree felony.
How Stalking in Northumberland County Leads to Protection from Abuse Orders
Stalking allegations can easily become criminal charges. However, there are civil implications to deal with—even without a criminal conviction. Courts grant orders like PFAs to protect victims of domestic violence, which also extends to others, including:
- Spouses, or those living as spouses, now or in the past
- Parents, children, and others related by blood or marriage, including those sharing biological parenthood
- Current or former sexual or intimate partners
Petitioners must cite physical abuse or be in "real fear" of serious abuse through menacing rhetoric or threats. Also, those who allege sexual abuse or being kept against their will or in isolation qualify for a PFA.
In Northumberland County, individuals may file a PFA petition at the Prothonotary's Office at 201 Market Street in Sunbury. Petitions include information about the alleged incident(s) and also detail the relationship between the petitioner and the accused (defendant) and other identifiers, such as:
- Course of conduct descriptions, including abuse, threats, or menacing behaviors
- Injuries sustained from emotional or physical abuse from current or prior instances
- Protected persons involved or living with the defendant
- The defendant's physical description, including their daily schedule and locations frequented
- Whether the defendant owns weapons (and whether the petitioner seeks confiscation)
- Whether the petitioner would like the defendant to be evicted or excluded from a shared residence
Although petitioners may make requests when filing a PFA, all provisions are decided on by a judge. Nevertheless, any form of restraining order (RO) will compel law enforcement officers to act and obligate the defendant to comply, first, through a summons.
Temporary and Emergency Orders
Temporary orders (TROs) provide petitioners and others named as protected persons security measures between the time of the initial filing and the formal court hearing. The judge can sign and implement PFAs on an ex parte basis, which means without the party present—the defendant in this case. Only the evidentiary information from the petition and testimony from the plaintiff is used to substantiate the level of threat allegedly experienced.
In some cases, the plaintiff can seek an emergency protective order. However, emergency orders are only applicable when a "true emergency" exists in the plaintiff's circumstances or if the petition is filed when the Court of Common Pleas is closed or otherwise unable to process or hear the petition. Although emergency orders expire at the end of the following business day, the Court of Common Pleas can replace interim measures with a TRO.
Without a chance to argue their case, the first time defendants likely gain awareness of the allegations of stalking or a protective order against them is through a court summons. Unfortunately, they are under a civil legal obligation to follow it until the final hearing, scheduled within ten business days of the initial filing.
Protection From Abuse Hearings in Northumberland County
While the provisions in the PFA are active upon a judge's determination of the initial petition, nothing is formally settled until both parties attend a final hearing before a Northumberland County Court of Common Pleas judge. Plaintiffs and defendants can make their case before an official order is handed down.
Defending against evidence and testimony from the petitioning party requires scrutinizing the prosecution for inconsistencies and recognizing potential procedural errors, such as:
- Questioning the credibility of witnesses
- Challenging the legality of evidence collection
- Arguing against the authenticity or intent of communications
- Debating extant threatening or abusive conditions
During the hearing, defendants (or their legal representation) can also work with the judge to negotiate the terms of the PFA. This could include seeking a more favorable child custody schedule, creating rules for contacting family and friends in common, and even reducing the duration of the PFA to make compliance more manageable for daily life.
Critically, even though criminal charges like stalking and civil actions like PFAs are separate legal matters, they influence one another. For instance, statements made during civil hearings discussing the merits of PFAs can be used in criminal cases. Moreover, despite PFAs becoming the basis for custody arrangements, they are only temporary, and permanent decisions require separate custody proceedings.
Provisions and Impact of a PFA
Following the hearing, the final PFA order is signed by the judge, filed with the Commonwealth, and distributed to the plaintiff and defendant. It will include all provisions and restrictions, such as the distance the defendant must remain away from the plaintiff, temporary visitation times with shared children, and the outcome of shared residences. Yet, PFAs are sent to local law enforcement, the schools of shared children, and even the defendant's employer, including professional licensing authorities. Therefore, PFAs have implications that reach further than just daily family life.
Since it is visible in the statewide PFA database and the Pennsylvania Police Database, it will affect nearly everything that requires a background check. Most of the information related to a PFA is accessible, including details about the parties involved and the terms of the order, which can impact the following:
- Employment and Career Prospects: Those with active protective orders are often ineligible to work with vulnerable groups, such as children or elders. Also, many professional licensing agencies can seek disciplinary action against individuals who have legal action taken against them.
- Securing Housing: Defendants may need to find a place to live after eviction or exclusion from a shared residence, but leasing and loan companies use background checks to qualify tenants and buyers.
- Constitutional Rights: Pennsylvania does not maintain red-flag laws, but protective orders restrict an individual's right to own firearms after a court-mandated surrender of weapons in some cases.
- Community Reputation: News of stalking charges and active PFAs can spread quickly through any Pennsylvania locality. Therefore, defendants face disqualification in volunteer work at church, coaching youth football leagues, and more from community disgrace.
Throughout the duration of a PFA, defendants can be subject to monitoring from law enforcement. Not only can that give individuals additional feelings of stress and worry, but it also increases the risk of punishment for minor infractions or protective order breaches.
What Happens If Defendants Violate a PFA?
While a PFA itself is a civil matter, violations are criminal acts. Regardless of the reasons for it, defendants face serious consequences.
Law enforcement can conduct a warrantless arrest if they have probable cause to believe that a PFA is violated—even if it did not occur in their presence. Defendants may argue that they misunderstood the order or mistakenly breached its provisions. Still, regardless of the intent or severity, violations are an indirect criminal contempt of court, typically graded as a second-degree misdemeanor, with the maximum punishment set at $1,000 per violation and up to six months incarceration.
If the violation involves other criminal acts, such as additional stalking, harassment, terroristic threats, or others, defendants can face separate criminal charges. However, Northumberland County reserves the right to upgrade the severity of the offense. For instance, an additional stalking charge is not handled as a first-degree misdemeanor but a third-degree felony.
Violations also affect the order's stipulations. Judges will likely change existing child custody or visitation schedules, as well as restrict the defendant's rights further.
Can You Modify a PFA?
Parties named in the PFA can petition the court for modification. Individuals work with the Northumberland County Prothonotary's Office in Sunbury, which then schedules a hearing before a judge. All changes—no matter how minor—must be agreed upon and signed off by a judge. Even mutual agreements between the parties are insufficient for a legally binding order.
Courts usually require a substantial change in circumstances or a good faith reason to alter the existing order, which could include:
- Custody or Visitation Adjustments: If the order impacts parenting time, changing conditions may be necessary if new information arises or the child's needs change.
- Logistical Problems: If a PFA's provisions hinder work schedules, medical appointments, or other daily activities, the parties can petition the court to revise its scope.
- Compliance and Safety Concerns: If the defendant has been compliant and the plaintiff feels additional or stricter provisions are unnecessary, either pay can request changes. Conversely, they strengthen certain terms.
Both parties may present evidence or testify why the PFA should be changed or maintained. After evaluating the testimony and any submitted documentation, the judge decides whether to grant the requested modification, deny it, or propose alternative terms.
Your Resource for Northumberland County Stalking Charges and PFAs
Facing criminal stalking charges and the restrictions of PFAs can seem overwhelming, especially when defending yourself alone. Many are unaware of the repercussions until they're served court orders. Even if a PFA is issued through false testimony or exaggerated evidence, defendants have their lives tarnished before they have a chance to challenge claims. To keep your personal and professional reputation intact, trust a team well-versed in how Northumberland County manages petitions.
The LLF Law Firm Team stands prepared to lay the foundation for your road to redemption. With years of helping countless Northumberland County residents defend against criminal and civil charges, we provide support from the initial petition through the appeals process. Our team advises you on how to seek modifications to existing orders and defend your wishes when the other party requests a change. We also ensure you avoid violations while holding other parties accountable to terms.
Early intervention is the key to protecting your interests when allegations arise. Our team is vital for comprehensive legal support that protects your rights and guides you through every step of the process. Get started on your defense strategy today. Call LLF Law Firm now at 888-535-3686 or fill out our confidential consultation form, and we will reach out to you.
